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17. Consequences of transfer of specific asset of inheritance.— (1) A co-heir is not entitled to dispose of any specific asset of the inheritance or part of such an asset to a stranger until and unless the said asset or part thereof is allotted to him in the partition. Any such transfer, if made, shall be inoperative and void. (2) Where, however, a co-heir transfers his undivided right to the inheritance to a stranger, the transfer shall be subject to the right of pre emption. 18. Right of co-heir to claim the inheritance in its entirety.— Any heir may recover the whole of the estate or part thereof in possession of a third party or obtain an injunction against such party under the provisions of the Specific Relief Act, 1963 (Central Act 47 of 1963) and the latter shall be precluded from raising the plea that such estate or part thereof does not solely belong to such co-heir. 19. Right to demand partition.— (1)Any of the co-heirs or the moiety holder has a right to demand partition of the inheritance. (2) No co-heir or moiety holder may renounce the right to demand partition of the inheritance. (3) However, the parties may agree to keep the inheritance undivided for a certain period not exceeding 5 years. 20. Partition of assets of Joint family.— The partition of the assets amongst members of a joint family shall take place in accordance with the provisions that govern partition amongst co-heirs. CHAPTER IV ACCEPTANCE AND RENUNCIATION OF THE INHERITANCE 21. Acceptance of inheritance. — Acceptance of inheritance shall be unconditional. 22. Devolution of inheritance under different titles.— The person who renounces the inheritance which devolves on him by one title is not, for that reason, debarred from accepting the inheritance which devolves on him by another title. 23. Freedom to accept or renounce.— The acceptance or renunciation of an inheritance is an entirely voluntary and free act. 24. Nullity of restricted acceptance or renunciation.— It is not lawful for a person to accept or renounce an inheritance in part, or for a certain time limit or conditionally. 25. Capacity to accept or renounce.— Any person who is capable of managing his assets may, lawfully accept or renounce the inheritance.
26. Acceptance or renunciation by one of the spouses only. — A married person is not entitled to accept or renounce an inheritance without written consent of the other spouse. The consent may be made good by an order of the Court. 27. Acceptance of inheritance left to a person under disability. — The inheritance left to a minor or a person under other disability may be accepted by those who represent him. 28. Acceptance or renunciation of inheritance left to a deaf and dumb person.— A deaf and dumb person, who is not under guardianship and who knows to write, may accept or renounce the inheritance, either personally or through a constituted attorney. 29. Form of acceptance.— (1)The acceptance of inheritance is express or tacit. (2) The acceptance is express when in any document the heir accepts the title or quality of heir. The acceptance is tacit, when the heir does some act from which the intention to accept has to be necessarily inferred or the act done is of such a nature that he could not have done it otherwise than as an heir. (3) However, acts done solely to preserve or to provisionally manage or safeguard the assets of the inheritance do not imply it’s acceptance. 30. Gratuitous transfer of inheritance or share therein.— A gratuitous transfer of inheritance or share therein in favour of all the co-heirs to whom it would have belonged in the absence of the transfer, shall be deemed to be renunciation of the inheritance. 31. Consequences of Court decision declaring a person to be an heir.— A person who has been declared to be an heir by an order or decree of a Court that has become final or a person against whom a decision has been passed expressly in that quality shall be deemed to be an heir both in relation to the creditors or the legatees who had been parties to the case as also in relation to others. 32. Absence of consensus among heirs to accept or renounce inheritance.— Where there is no consensus amongst the heirs as to whether the inheritance should be renounced, some may accept it and others may renounce it. 33. Transmission of right to accept.— Where the heir dies without accepting or renouncing the inheritance, the right to accept or renounce shall pass on to his heirs. 34. Indivisibility of renunciation.— (1) The heir who has accepted the inheritance of the estate leaver may renounce the inheritance which the estate leaver had not accepted at the time of his death. (2) Renunciation of the inheritance of the estate leaver shall mean renunciation of all inheritances which would have otherwise devolved on the estate leaver.
Page 1 and 2: LEGISLATIVE ASSEMBLY OF THE STATE O
Page 3 and 4: ACCEPTANCE AND RENUNCIATION OF THE
Page 5 and 6: CHAPTER IX PREFERENTIAL RIGHT OF TH
Page 7 and 8: Section 161. Manner and place of de
Page 9 and 10: Section 239. Failure to present the
Page 11 and 12: BOOKS, INDICES AND FIRE PROOF BOXES
Page 13 and 14: CIVIL LIABILITY OF THE SPECIAL NOTA
Page 15 and 16: Section 401. When co-heirs are call
Page 17 and 18: Section 456. Fixation of the amount
Page 19 and 20: (f) “estate leaver” means the p
Page 21 and 22: 5. Types of successors: Heirs and l
Page 23: (3) Upon conviction as provided in
Page 27 and 28: (c) more than half of the inheritan
Page 29 and 30: (2) Where the usufruct is in respec
Page 31 and 32: 63. Right of representation.—The
Page 33 and 34: spouse irrespective of their matrim
Page 35 and 36: (2) The value of the gifted assets
Page 37 and 38: inheritance, the excess shall be re
Page 39 and 40: legatees, unless the testator has i
Page 41 and 42: 128. Brothers or sisters generally
Page 43 and 44: (2) If a debt is to fall due only a
Page 45 and 46: 159. Legacy of periodic sums.— Wh
Page 47 and 48: 174. Right to legacy.— The legate
Page 49 and 50: 189. Disinheritance. —The forced
Page 51 and 52: (2) The intestate heir forfeits his
Page 53 and 54: 219. Restrictions on disposition of
Page 55 and 56: has agreed with the person who is i
Page 57 and 58: (c) the other heirs, who are not -u
Page 59 and 60: 262. Where the executor declines to
Page 61 and 62: (2) However, it shall always be law
Page 63 and 64: 286. Sham sale.— (1) A sale, whet
Page 65 and 66: SPECIAL NOTARIES CHAPTER XVI ESTABL
Page 67 and 68: 308. Obligation of the State to pro
Page 69 and 70: (2) All copies given under this sec
Page 71 and 72: 323. Who may be witnesses identifie
Page 73 and 74: affixed and in the absence of the r
Page 75 and 76:
(3) The record to be made by the Sp
Page 77 and 78:
337. Delivery of the closed will.
Page 79 and 80:
interested party shall also declare
Page 81 and 82:
of the testator can be gathered fro
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CHAPTER XXX CERTIFIED COPIES 352. W
Page 85 and 86:
shall be punishable with imprisonme
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(3) Where, after allotment or after
Page 89 and 90:
epresentative of the person under d
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(c) The head of the family shall be
Page 93 and 94:
(2)Copies of the list of assets and
Page 95 and 96:
(2) The court shall, after recordin
Page 97 and 98:
397. Sale of share in the undivided
Page 99 and 100:
(3) Where an objection has been rai
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(3) Where the respective creditor w
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(2) The members of the family counc
Page 105 and 106:
(4) Where the debts have been appro
Page 107 and 108:
present. If none of the above condi
Page 109 and 110:
434. Procedure for second valuation
Page 111 and 112:
438. Preliminary chart.— (1) Wher
Page 113 and 114:
duty is produced. The order confirm
Page 115 and 116:
(b) When a new document is produced
Page 117 and 118:
454. Cause Title.— (1) The cause
Page 119 and 120:
Statement of Objects and Reasons Th
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